In April of 2016 we published the blog entitled “Mining in the Hamptons: Appellate Division Affirms Town of Southampton Zoning Board of Appeals Limitations on Pre-existing Nonconforming Uses Associated with Hamptons Mining Operation.” Despite the Appellate Division’s decision regarding certain pre-existing nonconforming uses occurring on the site, Sand Land Corporation’s (“Sandland”) pre-existing mining use of the property was
Continue Reading An Update on Sand Mining in the Hamptons: NYS DEC Procedurally Halts the DEC Processing of Sandland’s Mining Permit
Supreme Court Considers Zoning Merger Case – How Does This Apply in Southampton Town?
The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017, the Supreme Court of the United States decided a case that involved the merger of two parcels of property undersized for development purposes that had come into common ownership. In Murr v. Wisconsin, the Murr family who owned the
Continue Reading Supreme Court Considers Zoning Merger Case – How Does This Apply in Southampton Town?
How High Is Too High – Measuring the Height of a Structure
Measuring the height of a structure may seem straightforward in the abstract, but sometimes in practice that is not the case. Take, for instance, a recent Southampton Town Zoning Board application – Matter of the Application of Hermann – where the height of a house was the subject of a challenge in front of the Zoning Board.
During construction of
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Southampton Town Requires Nitrogen Reducing Sanitary Systems (Innovative and Alternative On-Site Wastewater Treatment Systems) Starting SEPTEMBER 1, 2017
As outlined in our prior blog by Anthony S. Guardino, posted on March 20, 2017 entitled, “East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems”, similar to the Towns of East Hampton and Brookhaven, the Town of Southampton adopted a local law on July 25, 2017 requiring advanced nitrogen-reducing sanitary systems starting September
Continue Reading Southampton Town Requires Nitrogen Reducing Sanitary Systems (Innovative and Alternative On-Site Wastewater Treatment Systems) Starting SEPTEMBER 1, 2017
Uniform Code Conflicts – Town vs. State Regulations
The New York State Uniform Fire Prevention and Building Code (“Uniform Code”) sets forth uniform building and fire prevention standards for New York State. Article 18 of the NYS Executive Law requires municipalities within the State to administer and enforce the Uniform Code within their boundaries. Executive Law §379(3) states, “…no municipality shall have the power to supersede, void, repeal
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Beware The Restrictive Covenant
Also known as negative easements, restrictive covenants can wreak havoc on the ability to develop property. Recently, in our real estate practice at Farrell Fritz, we have seen two alarming examples.
In both cases, the restrictive covenant combined with applying municipal zoning requirements precluded the development of the property. Fortunately, we had inserted language into the contracts that allowed the
Town Of Southampton Decides Not To Require Updated Certificates Of Occupancy For Property Transfers
The Town of Southampton recently held several public hearings to consider a local law requiring an updated certificate of occupancy prior to all property transfers. Specifically, the local law proposed amending Town Code §123-16, Certificate of Occupancy, to state that “upon any change in ownership of a property, an updated certificate of occupancy shall be obtained.” After consideration at several
Continue Reading Town Of Southampton Decides Not To Require Updated Certificates Of Occupancy For Property Transfers